SEC Filings

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interests of any member of the Company Group or amend any of the terms of
any securities of any member of the Company Group outstanding on the date
hereof ;
(h) except as previously disclosed to Buyer, change the rates or
marketing practices applicable to any System without notifying Buyer;
(i) enter into any Contract or Contracts relating to the Business
that individually or in the aggregate call for payments, or otherwise
involving expenditures, over their terms in excess of $100,000, except in
the ordinary course of business consistent with past practice, and except
for the renewal of any such Contract that would, but for such renewal,
terminate in accordance with its terms prior to Closing;
(j) enter into, or amend in any material respect, any Contract with
@Home or any other party providing for Internet access to the Company
Group's customers;
(k) engage in any line of business, or enter into any Contract,
unrelated to the Business;
(l) incur any debt not having market terms for bank debt and that is
not repayable without penalty or premium within six months of the Closing
Date;
(m) become a guarantor or surety of any indebtedness of any other
Person;
(n) take any action that could reasonably be expected to cause the
condition described in Section 9.2 to become untrue; or
(o) take, or agree in writing or otherwise to take, any of the
foregoing actions or any actions.
7.4 Delivery of Documents to Buyer.
The Company covenants that, to the extent that it has not already done so,
the Company will insofar as practicable deliver or otherwise make available to
Buyer for inspection, at the locations where the General Partner or the Company
Group maintains such information, the following within thirty (30) days after
the date hereof, or as specifically delineated below:
(i) the Company's most recently prepared managerial reports
and customer accounting records, which shall include a
customer accounts receivable aging report summarizing,
respectively, customers whose accounts are at least one, two,
and three or more Monthly Billing Periods overdue, for the
last (or then most recently concluded) regular Monthly Billing
Period. The Company further covenants to deliver to Buyer the
monthly customer accounting records within 20 days after the
end of each calendar month prior to the Closing and to deliver
the managerial reports as soon as practicable.
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